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Bhutan

For a summary of Bhutan’s review at the second cycle please click here.

6th UPR session
Date of review: 4 December 2009
Date of report adoption: 4 January 2010
Document number: A/HRC/13/11

SUMMARY

SOGIESC issues during Bhutan’s 1st UPR review
Civil society submissions: ✓ (1 submission)
National report: ✘
UN information: ✘
Working group discussions: ✓
Recommendations: ✓ (3 noted)

I. SOGIESC issues/recommendations identified by NGOs
Right to privacy

17. The Joint Submission (JS) [of ILGA, ILGA-Europe, ILGA-Asia, IGLHRC and ARC International] noted that the Kingdom of Bhutan maintains criminal sanctions against sexual activity between consenting adults, and referred to provisions in Sections 213, 214 and 3 of the Bhutan Penal Code. JS recommended that the Human Rights Council, in its upcoming review, urge the Kingdom of Bhutan to bring its legislation into conformity with its international human rights obligations by repealing all provisions which criminalise sodomy or other sexual activity between consenting adults.

II. Excerpts on SOGIESC issues from the national report
No references.

III. Excerpts on SOGIESC issues by UN agencies
No references.

IV. References to SOGIESC issues during the Working Group review
88. On sexual orientation, the provisions concerning unnatural acts in the Penal Code, have since its enactment, never been invoked for acts between two consenting adults of the same sex.

V. Conclusions and/or recommendations
Bhutan noted the following recommendations:

101.60a Repeal all provisions which criminalize sodomy and other sexual activities between consenting adults (Canada);

101.60b Decriminalize sodomy or other sexual activity between consenting adults (Slovenia);

101.60c Eliminate legal provisions which criminalize sodomy and other sexual activities between consenting adults (Spain).

VI. Further information
You will find all documents relating to Bhutan’s first review at UPR-Info and OHCHR’s websites.